Removing a land registry claim

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pranay

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Post by pranay » Mon Mar 25, 2019 10:31 pm
My Iva has closed but whilst trying to sort a remortgage the land registry has a PDH claim against it? How do I get it removed as my IVA is long finished? My new lenders need it removed.

Foggy

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Post by Foggy » Tue Mar 26, 2019 8:59 am
I am not familiar with the term "PDH claim" relating to an IVA. What is usually recorded against the title in an IVA is an RX1 Restriction. Who were you with for your IVA ? -- they should be able to get the restriction lifted ( if that is what it is). If they are long gone there is another way, as advised by Land Registry:

To withdraw a restriction H M Land Registry would normally expect to receive a completed form RX4 by the person or company that has the benefit of the said restriction. If the beneficiary is unable to provide this RX4 then this form should be completed by whomever has inherited the benefit of the restriction and appropriate evidence of devolution of title lodged as part of the application. This evidence should show a clear link between the beneficiary named on the title register and the applicant that has completed form RX4.
If restriction is not withdrawn, then an application would need to be made for its cancellation. Cancellation is the term used in rule 97 of the Land Registration Rules 2003 to refer to an application to cancel a restriction that is no longer required.
Any person may apply to cancel a restriction. The application must be made in form RX3 and no fee is payable.
We will cancel the restriction if we are satisfied that the restriction is no longer required. The application must be accompanied by evidence to show that this is the case. If anyone is referred to in the restriction and if an address for service is listed for that person, we will usually notify them of the application and give them an opportunity to object to the application before canceling the restriction.
Practice Guide 19 provides further information on notices, restrictions and the protection of third party interests in the register.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
http://foggy.blogs.iva.co.uk
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